Two-Thirds Required to Inflict the Death Penalty
Item
Type
Autograph Draft Letter
Title
Two-Thirds Required to Inflict the Death Penalty
Description
Hamilton affirms that when death is inflicted as punishment by a General Court Martial, two-thirds of the members should concur and that should be clearly shown in the proceedings.
year created
1799
month created
04
day created
23
author
sent from location
Philadelphia
recipient
in collection
in image
notable person/group
Washington Morton
Alexander Hamilton
Secretary of War [McHenry]
notable location
Philadelphia
notable item/thing
proceedings of the General Court Martial
two-thirds of the members of the Court
conviction of Sergeant Hunt
Articles of War
death
certificate
signature
document number
1799042337601
page start
1
transcription
To W Morton Esqr
April 23 1799
132 pg 138
Philadelphia April 23. [1799]
Sir
On reviewing the proceedings of the General Court Martial received from you, I find that it does not appear by them whether two thirds of the members of the Court concurred in the Conviction of Sergeant Hunt. The article of War ^(8th of Chapter Administration of Justice)^ require that two thirds shall agree on cases where death is inflicted, and I am of opinion that this agreement ought to appear on the face of the proceedings. I presume there was a competent number to condemn. If so, I request you to insert a clause expressing it. This will properly be incorporated in the body of the sentence reading thus "The Court, two thirds (or more than two thirds if the fact be so) of the members of the Court, ^thereof^ having concurred thereon, find &c"
As this was not originally inserted, there must be a certificate at foot signed by the President and yourself declaring that the words &c (reciting them) were inserted after the full signature and that the fact is as thereby stated.
When this is done, return the proceedings open under cover to the Secretary of War.
Washington Morton
April 23 1799
132 pg 138
Philadelphia April 23. [1799]
Sir
On reviewing the proceedings of the General Court Martial received from you, I find that it does not appear by them whether two thirds of the members of the Court concurred in the Conviction of Sergeant Hunt. The article of War ^(8th of Chapter Administration of Justice)^ require that two thirds shall agree on cases where death is inflicted, and I am of opinion that this agreement ought to appear on the face of the proceedings. I presume there was a competent number to condemn. If so, I request you to insert a clause expressing it. This will properly be incorporated in the body of the sentence reading thus "The Court, two thirds (or more than two thirds if the fact be so) of the members of the Court, ^thereof^ having concurred thereon, find &c"
As this was not originally inserted, there must be a certificate at foot signed by the President and yourself declaring that the words &c (reciting them) were inserted after the full signature and that the fact is as thereby stated.
When this is done, return the proceedings open under cover to the Secretary of War.
Washington Morton
Item sets
Document instances
| In image | In source | Location in source | |
|---|---|---|---|
| [view document] (2 pages) | WGV15 (2 pages) | Collection: Alexander Hamilton Papers | R: 17 |
Document names
| Type | Name | Location | Notes |
|---|---|---|---|
| Author | Alexander Hamilton | Philadelphia | [n/a] |
| Recipient | Washington Morton | [unknown] | [n/a] |